Penalties

Illegal transfer of an assault weapon or .50 BMG rifle to another person

Manufacturing, distributing, transporting, selling, giving away or lending assault weapons or .50 BMG rifles is a felony. It is punishable by four, six, or eight years in county jail for each illegal weapon involved in the transaction.

Possession of an assault weapon or .50 BMG rifle

Possession of a .50 BMG rifle is a misdemeanor. A conviction can subject you to:

up to one year in county jail, and

a maximum $1,000 fine.

Possession of an assault weapon or rifle in California is a "wobbler" offense. Prosecutors have the choice to charge wobblers as either misdemeanors or felonies.

If convicted of misdemeanor possession of an assault weapon, you face:

up to one year in county jail, and

a maximum $1,000 fine.

If convicted of felony possession of an assault weapon, you face:

16 months, or two or three years in county jail, and

a maximum $10,000 fine.

Possession of an assault weapon or .50 BMG rifle during the commission of another crime

There are additional penalties if you possess an assault weapon or .50 BMG rifle in connection with another offense. In such a case you face a one-year sentence -- in addition and consecutive to:

In order to prove that you are guilty of manufacturing, selling, and/or possessing an assault weapon or rifle, the prosecutor must prove the following facts (otherwise known as the legal definition of the assault weapon ban):

that you :

manufactured,

distributed,

transported,

imported,

sold/gave/lent, and/or,

possessed

an assault weapon or .50 BMG rifle;

that you knowingly did so; and

that you knew or reasonably should have known that the weapon had the characteristics that made the weapon an assault weapon or .50 BMG rifle.4

Let's take a look at some of these words and phrases to gain a better understanding of their legal definitions.

1.1. Possession

The terms "manufacturing, transporting, selling, lending, etc." require little explanation. But the term "possessing" does. California law defines "possession" as having control of an item. There are two types of possession: actual possession and constructive possession.5

"Actual possession" means that you have direct, physical control over the weapon.

"Constructive possession" means that you have access to the firearm or the right to control it.

Example: Even while you are out, you have constructive possession of the assault weapon that you own and keep in your closet.

This means that even if you don't physically have the assault weapon or rifle on your person...but you have solitary control over it (or even jointly share that control with another person)... prosecutors can charge you with possessing the firearm.

1.2. Assault weapon

Although there is no set definition of an assault weapon, the California Attorney General has described them as, "highly dangerous offensive weapons which are unambiguously hazardous...they are of the same type that soldiers typically use when fighting in a war."6

Penal Code 30510 PC lists over 70 types of rifles, pistols, and shotguns that are all classified as assault weapons.

Penal Code 30515 PC lists an additional dozen or so other semiautomatic centerfire rifles that are also considered assault weapons. These include (but are not limited to):

semiautomatic, centerfire rifles that have a fixed magazine with the capacity to accept more than 10 rounds,

Bushmaster semiautomatic rifle

semiautomatic, centerfire rifles that have an overall length of fewer than 30 inches,

TAVOR Bullpup rifle

Micro-Uzi submachine gun

and

any shotgun with a revolving cylinder.8

Protecta shotgun

Excluded from the definition of assault weapons are

antique firearms ("antique" firearms are firearms that were manufactured prior to January 1, 1899), and

about 18 pistols that are designed expressly for use in Olympic target shooting events.9

1.3. .50 BMG rifle (Browning Machine Gun)

A .50 BMG rifle is not an assault weapon or, despite its name, a machinegun. It is a centerfire rifle that can fire a .50 BMG cartridge. A .50 BMG cartridge is designed and intended to be fired from a center fire rifle.

A .50 BMG rifle has all three of the following characteristics:

the overall length is 5.54 inches from the base of the cartridge to the tip of the bullet,

the bullet diameter for the cartridge is from .510 to and including .511 inch, and

the case base diameter for the cartridge is from .800 inches to, and including, .804 inches.10

1.4. "Knowingly"

A conviction under Penal Code 30600 PC, California's law against the "unlawful manufacturing, selling, lending, and/or possession of assault weapons or .50 BMG rifles" requires that you knowingly engage in such conduct.11

It therefore follows that if you are unaware that the instrument is an assault weapon or .50 BMG assault rifle...

perhaps because you thought it was "fake" and incapable of inflicting harm, or

perhaps because you thought it was an otherwise lawful firearm, or

you were unaware that you engaged in one of the above-mentioned transactions (perhaps someone borrowed your lawfully permitted assault weapon without your knowledge)...

then you are not liable of this offense.

You also must have known... or reasonably should have known... that the weapon had the characteristics that made the weapon an assault weapon."12

This knowledge will generally be presumed if the assault weapon that you manufacture, sell, or possess displays its manufacturer's make or model number. If these marks are clearly identifiable, then it is your legal duty to inquire as to whether it is one of the assault weapons listed under Penal Code sections 30510 or 30515 PC.

This means that if you (1) have a sufficient opportunity to examine the weapon, and (2) can identify the markings, the failure to determine whether the weapon is, in fact, an illegal assault weapon, will weigh against you.

Courts have held that this rule satisfies the "should have known" mental element required for prosecution under this law. However, if your possession of the weapon was

for a very brief period,

the markings on the weapon were very obscure, or

the weapon resembled an otherwise legal firearm and you couldn't tell just by looking at it that it was an assault weapon,

you may successfully be able to claim that you didn't know and had no reason to know that the weapon was an illegal.13

2. Legal defenses

Fortunately, there are a number of California legal defenses that are applicable to Penal Code 30600 PC. An experienced criminal defense lawyer can present these on your behalf. The following are some examples.

2.1. The weapon was discovered during an illegal search and seizure

Weapons charges frequently stem from police investigations that oftentimes have little or nothing to do with firearms. The cops could discover your assault weapon while:

"If law enforcement fails to adhere to any one of these steps, your California criminal defense lawyer will argue that the assault weapon was discovered and confiscated during an illegal search and seizure in violation of your Fourth Amendment constitutional rights."18

And when you can convince the prosecutor and/or judge that this is the case, it is very likely that the court will dismiss your Penal Code 30600 PC charges.

Example: An angry undercover cop enters your gun shop looking to buy an Uzi. You are very clear that you don't sell them because they're illegal. He asks if you can get one for him from another supplier, and you repeat that they're illegal and tell him that you can't.

The undercover continues to ask you repeatedly, and offers you more and more money to obtain the weapon for him. He even tells you he's a website designer, and offer to build you an elaborate website if you help him out.

Given these circumstances, you could argue that you were entrapped into violating Penal Code 30600 PC and should therefore be absolved of your criminal culpability.19<>

But...

Let's instead say that a not so angry undercover cop enters your store and makes the same request. This time you tell him you don't have the Uzi to sell him, but you can get it from someone else and that he should come back in a week.

Under these circumstances, an entrapment defense is unlikely. Although the cop was the one who initiated the discussion about the illegal weapon, you willingly agreed to supply him with one. Because you voluntarily agreed without being forced, coerced, or persuaded into doing so, this would not give rise to a proper entrapment defense.

2.3. Police misconduct

Along these same lines, if the police...for whatever reason...

"plant" or "fabricate" evidence,

coerce your confession,

discover your weapon in an illegal search (that is, without a valid California search warrant, without your consent, or outside the scope of a lawful arrest), or

in any other way violate your civil rights...

then such police misconduct may override your alleged criminal acts, and your charges could be dismissed.

3. People and weapons exempt from prosecution

In addition to the above legal defenses, there are a number of exceptions to Penal Code 30600 PC that are built directly into California's law against assault weapons. If you can prove that you fall within one of these exceptions, your charges should be dismissed. Some of these exceptions include (but are not limited to):

transactions that involve law enforcement agencies,20

situations in which you lawfully possessed the assault weapon before it was classified as such,21

non-California residents who are traveling to/from an organized competitive match or league competition that involves the use of an assault weapon,26 and

people who lawfully owned their .50 BMG rifles prior to January 1, 2005 during specific timeframes prior to May 1, 2006.27

Even these exceptions have very specific conditions and requirements, which is why it is critical to consult with a California criminal defense attorney who thoroughly understands California's gun laws.

3.1. Gun registration

It is important to understand that there is no current legal way for an individual other than a member of the U.S. military or a peace officer to acquire and register an assault weapon or .50 BMG rifle.

The deadline to register these types of weapons that are listed under Penal Code 30510 PC (known as the Roberti-Roos Assault Weapons Control Act of 1989) expired in 2001. Persons whose weapons are currently registered are still able to renew their registration on a yearly basis, however the government is no longer registering new weapons.

4. Penalties

4.1. Felony sentencing

If prosecutors convict you of manufacturing, distributing, transporting, selling, giving away or lending assault weapons or .50 BMG rifles, you face a felony punishable by four, six, or eight years in the county jail for each illegal weapon involved in the transaction.28

In addition, if you engage in any of these transactions with a minor (that is, a person under 18), you face an additional and consecutive one-year sentence.29

4.2. "Wobbler" sentencing for possessing assault weapons

Possession of assault weapons is what's known as a "wobbler." When an offense is a wobbler, it means that prosecutors can choose to charge you with the crime as either a misdemeanor or a felony, depending on:

the facts of the case, and

your criminal history.

If convicted of misdemeanor possession of an assault weapon, you face:

up to one year in county jail, and

a maximum $1,000 fine.

If convicted of felony possession of an assault weapon, you face:

16 months, or two or three years in county jail and,

a maximum $10,000 fine.30

4.3. Infraction Sentencing

If you are convicted of your first 30600 PC offense for possessing no more than two previously registered assault weapons or .50 BMG rifles and

you lawfully possessed the assault weapon(s) prior to classification as an assault weapon or lawfully possessed the .50 BMG rifle prior to January 1, 2005,

you violated this law within one year of the end of the one-year registration period for the weapon(s), and

you relinquished your weapon(s) to law enforcement officers,

you face an infraction, subject to a maximum $500 fine.31

4.4. Possession of a .50 BMG rifle

Possessing a .50 BMG rifle is a straight misdemeanor. A conviction subjects you to:

up to one year in county jail, and

a maximum $1,000 fine.32

4.5. Additional sentencing factors

If you violate Penal Code 30600 PC, California's law against manufacturing, selling, and/or possessing assault weapons or .50 BMG rifles in connection with another offense, prosecutors have two options:

they can charge you with each crime separately, or

they can charge you with the assault weapon, the underlying offense, and charge you with a sentencing enhancement.

If prosecutors choose the second option, you face a one-year sentence in addition and consecutive to the penalty you receive for the Penal Code 30600 PC conviction and to the underlying offense, including any other sentencing enhancements you receive for that conviction.33

In addition, if you are accused of using the assault weapon or .50 BMG rifle, you face an additional and consecutive three to ten-year state prison sentence under Penal Code 12022 PC, California's sentencing enhancement relating to the personal use of a firearm during the commission of a felony.34

4.6. Loss of weapon(s)

In addition to all of the above penalties, a violation of California's laws against assault weapons may result in the loss of the weapon(s). If you are convicted of using or possessing an assault weapon or .50 BMG rifle, it will likely be destroyed.

In lieu of criminal prosecution, your California criminal defense attorney may be able to convince the prosecution to allow you to pay a civil fine and to simply forfeit your weapon(s).35

4.7. California firearm offenses and immigration

If you are a legal immigrant or legal alien, a firearms conviction could additionally lead to your deportation.36 For more information about how California's firearm laws affect aliens, please visit our article on California crimes that lead to deportation.

4.8. Expunging your record

If you are granted probation in a misdemeanor or felony case, you may expunge your California criminal record once you successfully complete the probationary period. However, the judge can deny you an expungement if you suffer a probation violation or fail to adhere to all the terms and conditions of probation.37

Bear in mind that while an expungement will help clear your criminal record, it will not restore your right to own or possess a firearm if you have been otherwise banned from doing so.38

4.9. Your right to own/possess firearms

A misdemeanor conviction won't by itself revoke your right to own or possess a firearm. But if you are convicted as a felony, you will be prohibited from purchasing, receiving, owning, or possessing a firearm for life.39

If you are convicted of a felony under the "wobbler" subdivision of PC 30600...and you successfully have the felony reduced to a misdemeanor...your gun rights will be restored.

Otherwise, there is no other way to restore your California gun rights. Even a certificate of rehabilitation and/or a governor's pardon does not restore firearm rights to someone who has been convicted of a felony that involves the use of a dangerous weapon. This definition clearly includes assault weapons and .50 BMG rifles.40

5. Related offenses

There are a variety of additional California gun laws that relate to the assault weapon law. Some of these include (but are not limited to):

If you are accused of carrying a concealed assault weapon on your person or in your car, prosecutors may charge you with carrying a concealed weapon and possessing an assault weapon under Penal Code 30600 PC.

Penal Code 417 PC, California's "brandishing a weapon" law prohibits you from drawing, exhibiting, or using a weapon in a "rude, angry, or threatening manner".43 This means that if you brandish an assault weapon, prosecutors may charge you with PC 30600 as well as brandishing a weapon under California Penal Code 417 PC.

If you are accused of selling an assault weapon or .50 BMG rifle but do not have a license to sell legal firearms, prosecutors could opt to charge you under Penal Code 26500 PC, California's law against the unlicensed sale of firearms in addition to 12028 PC.45

Call us for help...

Call us for help

If you or loved one is charged with Penal Code 30600 PC assault weapons and you are looking to hire an attorney for representation, we invite you to contact us at Shouse Law Group. We can provide a free consultation in office or by phone. We have local offices in Los Angeles, the San Fernando Valley, Pasadena, Long Beach, Orange County, Ventura, San Bernardino, Rancho Cucamonga, Riverside, San Diego, Sacramento, Oakland, San Francisco, San Jose and throughout California.

Additionally, our Las Vegas Nevada criminal defense attorneys represent clients accused of violating Nevada's firearm and weapons laws. For more information, we invite you to contact our local attorneys at one of our Nevada law offices, located in Reno and Las Vegas.

Legal References:

1 California Penal Code 30600 PC – laws re assault weapons -- Manufacturing, selling, lending, and/or possessing assault weapons or .50 BMG rifles. (a) Any person who, within this state, manufactures or causes to be manufactured, distributes, transports, or imports into the state, keeps for sale, or offers or exposes for sale, or who gives or lends any assault weapon or any .50 BMG rifle, except as provided by this chapter, is guilty of a felony, and upon conviction shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 for four, six, or eight years.(b) In addition and consecutive to the punishment imposed under subdivision (a), any person who transfers, lends, sells, or gives any assault weapon or any .50 BMG rifle to a minor in violation of subdivision (a) shall receive an enhancement of imprisonment pursuant to subdivision (h) of Section 1170 of one year.(c) Except in the case of a first violation involving not more than two firearms as provided in Penal Code 30605 and Penal Code 30610, for purposes of this article, if more than one assault weapon or .50 BMG rifle is involved in any violation of this article, there shall be a distinct and separate offense for each.

2 California Penal Code 30655 PC -- Manufacturing, selling, lending, and/or possessing assault weapons or .50 BMG rifles. (a) Section 30600 shall not apply to a person who is the executor or administrator of an estate that includes an assault weapon or a .50 BMG rifle registered under Article 5 (commencing with Section 30900) or that was possessed pursuant to subdivision (a) of Section 30630 that is disposed of as authorized by the probate court,if the disposition is otherwise permitted by this chapter.(b) Sections 30605 and 30610 shall not apply to a person who is the executor or administrator of an estate that includes an assault weapon or a .50 BMG rifle registered under Article 5 (commencing with Section 30900) or that was possessed pursuant to subdivision (a) of Section 30630, if the assault weapon or .50 BMG rifle is possessed at a place set forth in subdivision (a) of Section 30945 or as authorized by the probate court.

3 Our California criminal defense attorneys have local Los Angeles law offices in Beverly Hills, Burbank, Glendale, Lancaster, Long Beach, Los Angeles, Pasadena, Pomona, Torrance, Van Nuys, West Covina, and Whittier. We have additional law offices conveniently located throughout the state in Orange County, San Diego, Riverside, San Bernardino, Ventura, San Jose, Oakland, the San Francisco Bay area, and several nearby cities.

4 Judicial Council of California Criminal Jury Instruction (CALCRIM 2560) – Laws re manufacturing, selling, and/or possessing assault weapons -- To prove that the defendant is guilty of this crime, the People must prove that:1. The defendant (possessed/manufactured/caused to be manufactured/distributed/transported/imported/kept for sale/offered or exposed for sale/gave/lent) (an assault weapon,specifically [a/an] <insert type of weapon from Pen.Code, § 30510 or description from § 30515>/a .50 BMG rifle);2. The defendant knew that (he/she)(possessed/manufactured/caused to be manufactured/distributed/transported/imported/kept for sale/offered or exposed for sale/gave/lent) it;AND3. The defendant knew or reasonably should have known that it had characteristics that made it (an assault weapon/a .50 BMGrifle).

5 CALCRIM 2560 -- Manufacturing, selling, and/or possessing assault weapons. – [Two or more people may possess something at the same time.] [A person does not have to actually hold or touch something to possess it. It is enough if the person has (control over it/ [or] the right to control it), either personally or through another person.]

6 "The Attorney General maintains the weapons listed in section 12276 [now section 30600] are ‘highly dangerous offensive weapons which are unambiguously hazardous. Assault weapons are typically used by soldiers in a war..."

[A .50 BMG rifle is a centerfire rifle that can fire a .50 BMG cartridge [and that is not an assault weapon or a machine gun].

[A .50 BMG cartridge is a cartridge that is designed and intended to be fired from a center fire rifle and that has all three of the following characteristics: 1 The overall length is 5.54 inches from the base of the cartridge to the tip of the bullet; 2 The bullet diameter for the cartridge is from .510 to, and including, .511 inch; AND 3 The case base diameter for the cartridge is from .800 inch to, and including, .804 inch.]

11 See CALCRIM 2560, endnote 4, above.

12 See same.

See also, In re Jorge M. (2000) 23 Cal.4th 866 ("Effective enforcement of [the Assault Weapons Control Act] demands... that a conviction be obtainable upon proof of negligent failure to know, as well as actual knowledge of, the weapon's salient characteristics; the People must prove, that is, that a defendant charged with possessing an unregistered assault weapon knew or reasonably should have known the characteristics of the weapon bringing it within the registration requirements of the AWCA.").

13 In re Jorge M. (2000), endnote 12, above. ("In most instances the fact a firearm is of a make and model listed in [Penal Code] section 12276 [now PC 30510, defining California's assault weapons laws], or added [as an assault weapon] pursuant to section 12276.5 [now PC 30515], can be expected to be sufficiently plain on examination of the weapon so that evidence of the markings, together with evidence the accused possessor had sufficient opportunity to examine the firearm, will satisfy a knew-or-should-have-known requirement...The exceptional cases in which the salient characteristics of the firearm are extraordinarily obscure, or the defendant's possession of the gun was so fleeting or attenuated as not to afford an opportunity for examination, would appear to be instances of largely innocent possession that, as discussed above, the Legislature presumably did not intend to be subject to felony punishment.")

16 The Shouse Law Firm has decades of experience representing clients accused of all California crimes. Whether the charge is DUI, Penal Code 459 PC burglary, or any other offense, we're here to help.

17 San Bernardino criminal defense lawyer Michael Scafiddi represents clients accused of violating Penal Code 30600 PC as well as all other California gun offenses throughout San Bernardino and Riverside Counties.

19People v. West (1956) 139 Cal.App.2d Supp. 923, 924. ("Entrapment is the conception and planning of an offense by an officer and his procurement of its commission by one who would not have perpetrated it except for the trickery, persuasion, or fraud of the officer. Persuasion or allurement must be used to entrap.")

20 California Penal Code 30625 PC -- Manufacturing, selling, lending, and/or possessing assault weapons or .50 BMG rifles laws -- Sections 30600, 30605, and 30610 shall not apply to the sale to, purchase by, importation of, or possession of assault weapons or a .50 BMG rifle by the Department of Justice, police departments,sheriffs' offices, marshals' offices, the Department of Corrections and Rehabilitation, the Department of the California Highway Patrol,district attorneys' offices, the Department of Fish and Game, the Department of Parks and Recreation, or the military or naval forces of this state or of the United States, or any federal law enforcement agency for use in the discharge of their official duties.

See also California Penal Code 30630 PC.(a) Sections 30605 and 30610 shall not prohibit the possession or use of assault weapons or a .50 BMG rifle by sworn peace officer members of those agencies specified in Section 30625 for law enforcement purposes, whether on or off duty.(b) (1) Sections 30600, 30605, and 30610 shall not prohibit the sale, delivery, or transfer of an assault weapon or a .50 BMG rifle to, or the possession of an assault weapon or a .50 BMG rifle by, as worn peace officer member of an agency specified in Section 30625 if the peace officer is authorized by the officer's employer to possessor receive the assault weapon or the .50 BMG rifle. Required authorization is defined as verifiable written certification from the head of the agency, identifying the recipient or possessor of the assault weapon as a peace officer and authorizing that person to receive or possess the specific assault weapon...

21 California Penal Code 30635 PC -- Section 30605 shall not apply to the possession of an assault weapon during the 90-day period immediately after the date it was specified as an assault weapon pursuant to former Section 12276.5, as that section read in Section 3 of Chapter 19 of the Statutes of 1989, Section 1 of Chapter 874 of the Statutes of 1990, or Section 3 of Chapter 954 of the Statutes of 1991, or during the one-year period after the date it was defined as an assault weapon pursuant to former Section 12276.1, as that section read at any time from when it was enacted by Section 7 of Chapter 129 of the Statutes of 1999 to when it was repealed by the Deadly Weapons Recodification Act of 2010, if all of the following are applicable:(a) At the time of the possession in question, the person was eligible under the then-applicable version of former Chapter 2.3(commencing with Section 12275) of Title 2 of Part 4 to register the particular assault weapon.(b) The person lawfully possessed the particular assault weapon prior to the date it was specified as an assault weapon pursuant to former Section 12276.5, or prior to the date it was defined as an assault weapon pursuant to former Section 12276.1.(c) At the time of the possession in question, the person was otherwise in compliance with the then-applicable version of former Chapter 2.3 (commencing with Section 12275) of Title 2 of Part 4.

22 California Penal Code 30670 PC.(a) Section 30600 laws shall not apply to the importation into this state of an assault weapon or a .50 BMG rifle by the registered owner of that assault weapon or a .50 BMG rifle if it is in accordance with the provisions of Section 30945.(b) Section 30600 shall not apply during the first 180 days of the 2005 calendar year to the importation into this state of a .50 BMG rifle by a person who lawfully possessed that .50 BMG rifle in this state prior to January 1, 2005.

California Penal Code 30675 PC. (a) Sections 30605 and 30610 shall not apply to any of the following persons:(1) A person acting in accordance with Section 31000 or 31005.(2) A person who has a permit to possess an assault weapon or a .50 BMG rifle issued pursuant to Section 31000 or 31005 when that person is acting in accordance with Section 31000 or 31005 or Article 5 (commencing with Section 30900). (b) Sections 30600, 30605, and 30610 shall not apply to any of the following persons:(1) A person acting in accordance with Article 5 (commencing with Section 30900).(2) A person acting in accordance with Section 31000, 31005,31050, or 31055.(c) Sections 30605 and 30610 shall not apply to the registered owner of an assault weapon or a .50 BMG rifle possessing that firearm in accordance with Section 30945.

Concealed weapons' permits, authorized under Penal Code 26150 and 26155 PC, do not apply to assault weapons which are considered per se illegal unless you fall within one of the above-listed exceptions.

23 California Penal Code 30645 PC -- Manufacturing, selling, lending, and/or possessing assault weapons or .50 BMG rifles -- Sections 30600, 30605, and 30610 shall not apply to the manufacture by any person who is issued a permit pursuant to Section 31005 of assault weapons or .50 BMG rifles for sale to the following:(a) Exempt entities listed in Section 30625.(b) Entities and persons who have been issued permits pursuant to Section 31000 or 31005.(c) Federal military and law enforcement agencies.(d) Law enforcement and military agencies of other states.(e) Foreign governments and agencies approved by the United States State Department.(f) Entities outside the state who have, in effect, a federal firearms dealer's license solely for the purpose of distribution to an entity listed in subdivisions (c) to (e), inclusive.

24 California Penal Code 30655 PC – Laws re manufacturing, selling, lending, and/or possessing assault weapons or .50 BMG rifles.(a) Section 30600 shall not apply to a person who is the executor or administrator of an estate that includes an assault weapon or a .50 BMG rifle registered under Article 5 (commencing with Section 30900) or that was possessed pursuant to subdivision (a) of Section 30630 that is disposed of as authorized by the probate court, if the disposition is otherwise permitted by this chapter.(b) Sections 30605 and 30610 shall not apply to a person who is the executor or administrator of an estate that includes an assault weapon or a .50 BMG rifle registered under Article 5 (commencing with Section 30900) or that was possessed pursuant to subdivision (a) of Section 30630, if the assault weapon or .50 BMG rifle is possessed at a place set forth in subdivision (a) of Section 30945 or as authorized by the probate court.

26 California Penal Code 30665 PC -- Manufacturing, selling, lending, and/or possessing assault weapons or .50 BMG rifles - Sections 30600, 30605, and 30610 shall not apply to the possession and importation of an assault weapon or a .50 BMG rifle into this state by a nonresident if all of the following conditions are met:(a) The person is attending or going directly to or coming directly from an organized competitive match or league competition that involves the use of an assault weapon or a .50 BMG rifle.(b) The competition or match is conducted on the premises of one of the following:(1) A target range that holds a regulatory or business license for the purpose of practicing shooting at that target range.(2) A target range of a public or private club or organization that is organized for the purpose of practicing shooting at targets.(c) The match or competition is sponsored by, conducted under the auspices of, or approved by, a law enforcement agency or a nationally or state recognized entity that fosters proficiency in, or promotes education about, firearms.(d) The assault weapon or .50 BMG rifle is transported in accordance with Section 25610 or Article 3 (commencing with Section 25505) of Chapter 2 of Division 5.(e) The person is 18 years of age or over and is not in a class of persons prohibited from possessing firearms by virtue of Chapter 2(commencing with Section 29800) or Chapter 3 (commencing with Section 29900) of Division 9 of this code or Section 8100 or 8103 of the Welfare and Institutions Code.

27 California Penal Code 30640 PC -- Section 30610 shall not apply to the possession of a .50 BMG rifle, which was not defined or specified as an assault weapon pursuant to the then-applicable version of the former Chapter 2.3(commencing with Section 12275) of Title 2 of Part 4 that was added to this code by Section 3 of Chapter 19 of the Statutes of 1989, by any person prior to May 1, 2006, if all of the following are applicable:(a) At the time of the possession in question, the person was eligible under the then-applicable version of former Chapter 2.3(commencing with Section 12275) of Title 2 of Part 4 to register that.50 BMG rifle.(b) The person lawfully possessed the .50 BMG rifle prior to January 1, 2005.(c) At the time of the possession in question, the person was otherwise in compliance with the then-applicable version of former Chapter 2.3 (commencing with Section 12275) of Title 2 of Part 4.

See also California Penal Code 30670(b) -- Section 30600 shall not apply during the first 180 days of the 2005 calendar year to the importation into this state of a .50 BMG rifle by a person who lawfully possessed that .50 BMG rifle in this state prior to January 1, 2005.

28 California Penal Code 30600 PC. (a) Any person who, within this state, manufactures or causes to be manufactured, distributes, transports, or imports into the state, keeps for sale, or offers or exposes for sale, or who gives or lends any assault weapon or any .50 BMG rifle, except as provided by this chapter, is guilty of a felony, and upon conviction shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 for four, six, or eight years....(c) Except in the case of a first violation involving not more than two firearms as provided in Sections 30605 and 30610, for purposes of this article, if more than one assault weapon or .50 BMG rifle is involved in any violation of this article, there shall be a distinct and separate offense for each.

29 California Penal Code 30600(b) -- In addition and consecutive to the punishment imposed under subdivision (a), any person who transfers, lends, sells, or gives any assault weapon or any .50 BMG rifle to a minor in violation of subdivision (a) shall receive an enhancement of imprisonment pursuant to subdivision (h) of Section 1170 of one year.

30 California Penal Code 30605 PC. (a) Any person who, within this state, possesses any assault weapon, except as provided in this chapter, shall be punished by imprisonment in a county jail for a period not exceeding one year, or by imprisonment pursuant to subdivision (h) of Section 1170.See also Penal Code 18 PC -- (a) Except in cases where a different punishment is prescribed by any law of this state, every offense declared to be a felony is punishable by imprisonment for 16 months, or two or three years in the state prison unless the offense is punishable pursuant to subdivision (h) of Section 1170. (b) Every offense which is prescribed by any law of the state to be a felony punishable by imprisonment or by a fine, but without an alternate sentence to the county jail for a period not exceeding one year, may be punishable by imprisonment in the county jail not exceeding one year or by a fine, or by both.See also California Penal Code 672 PC -- Offenses for which no fine prescribed; fine authorized in addition to imprisonment. Upon a conviction for any crime punishable by imprisonment in any jail or prison, in relation to which no fine is herein prescribed, the court may impose a fine on the offender not exceeding one thousand dollars ($1,000) in cases of misdemeanors or ten thousand dollars ($10,000) in cases of felonies, in addition to the imprisonment prescribed.

31 California Penal Code 30605(b) -- Notwithstanding subdivision (a), a first violation of these provisions is punishable by a fine not exceeding five hundred dollars ($500) if the person was found in possession of no more than two firearms in compliance with Section 30945 and the person meets all of the following conditions:(1) The person proves that he or she lawfully possessed the assault weapon prior to the date it was defined as an assault weapon.(2) The person has not previously been convicted of a violation of this article.(3) The person was found to be in possession of the assault weapon within one year following the end of the one-year registration period established pursuant to Section 30900.(4) The person relinquished the firearm pursuant to Section 31100, in which case the assault weapon shall be destroyed pursuant to Sections 18000 and 18005.

32 California Penal Code 30610 (a) -- Any person who, within this state, possesses any .50 BMG rifle, except as provided in this chapter, shall be punished by a fine of one thousand dollars ($1,000), imprisonment in a county jail for a period not to exceed one year, or by both that fine and imprisonment.

33 California Penal Code 30615 PC – California assault weapons laws -- Notwithstanding Section 654 or any other provision of law,any person who commits another crime while violating this article may receive an additional, consecutive punishment of one year for violating this article, in addition and consecutive to the punishment, including enhancements, which is prescribed for the other crime.

Give this instruction if the defendant is charged with a separate count for violating Penal Code section 12280 and an enhancement for violating Penal Code section 12280 while committing another crime. (Pen. Code, 12280(d); People v. Jimenez, supra, 8 Cal.App.4th at p. 398.) This instruction must be given with CALCRIM No. 2560, Possession, etc., of Assault Weapon or .50 BMG Rifle, and the appropriate instruction defining the elements of the other offense charged.

34Penal Code 12022.5 -- Personal use of an assault weapon or .50 BMG rifle during the commission of a felony. (a) Except as provided in subdivision (b), any person who personally uses a firearm in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment in the state prison for 3, 4, or 10 years, unless use of a firearm is an element of that offense. (b) Notwithstanding subdivision (a), any person who personally uses an assault weapon, as specified in Section 12276 or Section 12276.1, or a machine gun, as defined in Section 12200, in the commission of a felony or attempted felony, shall be punished by an additional and consecutive term of imprisonment in the state prison for 5, 6, or 10 years.

35 California Penal Code 30800 PC. (a) (1) Except as provided in Article 2 (commencing with Section 30600), possession of any assault weapon or of any .50 BMGrifle in violation of this chapter is a public nuisance, solely for purposes of this section and subdivision (c) of Section 18005.(2) The Attorney General, any district attorney, or any city attorney, may, in lieu of criminal prosecution, bring a civil action or reach a civil compromise in any superior court to enjoin the possession of the assault weapon or .50 BMG rifle that is a public nuisance.(b) Upon motion of the Attorney General, district attorney, or city attorney, a superior court may impose a civil fine not to exceed three hundred dollars ($300) for the first assault weapon or .50 BMG rifle deemed a public nuisance pursuant to subdivision (a) and up to one hundred dollars ($100) for each additional assault weapon or .50 BMG rifle deemed a public nuisance pursuant to subdivision (a).(c) Any assault weapon or .50 BMG rifle deemed a public nuisance under subdivision (a) shall be destroyed in a manner so that it may no longer be used, except upon a finding by a court, or a declaration from the Department of Justice, district attorney, or city attorney stating that the preservation of the assault weapon or .50 BMG rifle is in the interest of justice.(d) Upon conviction of any misdemeanor or felony involving the illegal possession or use of an assault weapon, the assault weapon shall be deemed a public nuisance and disposed of pursuant to subdivision (c) of Section 18005.

36 8 U.S. Code Section 1227(a) -- Classes of deportable aliens. Any alien (including an alien crewman) in and admitted to the United States shall, upon the order of the Attorney General, be removed if the alien is within one or more of the following classes of deportable aliens...(2) Criminal offenses...(C) Certain firearm offenses -- Any alien who at any time after admission is convicted under any law of purchasing, selling, offering for sale, exchanging, using, owning, possessing, or carrying, or of attempting or conspiring to purchase, sell, offer for sale, exchange, use, own, possess, or carry, any weapon, part, or accessory which is a firearm or destructive device (as defined in section 921(a) of title 18) in violation of any law is deportable.

Because Penal Code 30600 PC involves selling and possessing assault weapons and/or .50 BMG rifles, it is a California crime that may lead to deportation.

37 See California Penal Code 1203.4 PC -- Change of plea.

This section outlines the procedures by which a defendant can expunge his California Penal Code 30600 PC "manufacturing, possessing, and/or selling assault weapons or .50 BMG rifles" conviction from his criminal record.

38 California Penal Code 1203.4(a)(2) -- Dismissal of an accusation or information pursuant to this section does not permit a person to own, possess, or have in his or her custody or control any firearm or prevent his or her conviction under Chapter 2 (commencing with Section 29800) of Division 9 ofTitle 4 of Part 6.

39 California Penal Code 29800 PC -- Unlawful possession of a firearm. (a) (1) Any person who has been convicted of a felony under the laws of the United States, the State of California, or any other state, government, or country, or of an offense enumerated in subdivision (a), (b), or (d) of Section 23515, or who is addicted to the use of any narcotic drug, and who owns, purchases, receives, or has in possession or under custody or control any firearm is guilty of a felony.(2) Any person who has two or more convictions for violating paragraph (2) of subdivision (a) of Section 417 and who owns, purchases, receives, or has in possession or under custody or control any firearm is guilty of a felony.(b) Notwithstanding subdivision (a), any person who has been convicted of a felony or of an offense enumerated in Section 23515,when that conviction results from certification by the juvenile court for prosecution as an adult in an adult court under Section 707 of the Welfare and Institutions Code, and who owns or has in possession or under custody or control any firearm is guilty of a felony.(c) Subdivision (a) shall not apply to a person who has been convicted of a felony under the laws of the United States unless either of the following criteria is satisfied:(1) Conviction of a like offense under California law can only result in imposition of felony punishment.(2) The defendant was sentenced to a federal correctional facility for more than 30 days, or received a fine of more than one thousand dollars ($1,000), or received both punishments.

40 California Penal Code 4852.17 PC -- ...Whenever a person is granted a full and unconditional pardon by the Governor, based upon a certificate of rehabilitation, the pardon shall entitle the person to exercise thereafter all civil and political rights of citizenship, including, but not limited to: (1) the right to vote; (2) the right to own, possess, and keep any type of firearm that may lawfully be owned and possessed by other citizens; except that this right shall not be restored, and Sections 17800 and 23510 and Chapter 2 (commencing with Section 29800) of Division 9 of Title 4 of Part 6 shall apply, if the person was ever convicted of a felony involving the use of a dangerous weapon.

See also California Penal Code 4854 PC -- In the granting of a pardon to a person, the Governor may provide that the person is entitled to exercise the right to own, possess, and keep any type of firearm that may lawfully be owned and possessed by other citizens; except that this right shall not be restored, and Sections 17800 and 23510 and Chapter 2 (commencing with Section 29800) of Division 9 of Title 4 of Part 6 shall apply, if the person was ever convicted of a felony involving the use of a dangerous weapon.

41 California Penal Code 12025 (a) -- A person is guilty of carrying a concealed firearm when he or she does any of the following: (1) Carries concealed within any vehicle which is under his or her control or direction any pistol, revolver, or other firearm capable of being concealed upon the person. (2) Carries concealed upon his or her person any pistol, revolver, or other firearm capable of being concealed upon the person. (3) Causes to be carried concealed within any vehicle in which he or she is an occupant any pistol, revolver, or other firearm capable of being concealed upon the person.

42 California Penal Code 25850(a)(1) -- A person is guilty of carrying a loaded firearm when he or she carries a loaded firearm on his or her person or in a vehicle while in any public place or on any public street in an incorporated city or in any public place or on any public street in a prohibited area of unincorporated territory.

43 California Penal Code 417(a)(1) -- Every person who, except in self-defense, in the presence of any other person, draws or exhibits any deadly weapon whatsoever, other than a firearm, in a rude, angry, or threatening manner, or who in any manner, unlawfully uses a deadly weapon other than a firearm in any fight or quarrel is guilty of a misdemeanor, punishable by imprisonment in a county jail for not less than 30 days.

If you violate this law with an assault weapon or .50 BMG rifle prohibited under Penal Code 30600 PC, prosecutors could charge you with this offense and possessing an assault weapon or .50 BMG rifle in violation of Penal Code 30600 PC.

44 California Penal Code 245(a)(3) -- Any person who commits an assault upon the person of another with a machinegun, as defined in Section 12200, or an assault weapon, as defined in Section 12276 or 12276.1, or a .50 BMG rifle, as defined in Section 12278, shall be punished by imprisonment in the state prison for 4, 8, or 12 years.

45 California Penal Code 26500 PC.(a) No person shall sell, lease, or transfer firearms unless the person has been issued a license pursuant to Article 1(commencing with Section 26700) and Article 2 (commencing with Section 26800) of Chapter 2.(b) Any person violating this article is guilty of a misdemeanor.

46 California Penal Code 29800 PC, endnote 39, above.

47 California Penal Code 487(d)(2) -- Grand theft is theft committed in any of the following cases:...(d) When the property taken is any of the following...(2) A firearm.

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